News

Gov. Bill Haslam has signed into law legislation that will lessen the costs of expunging criminal conviction records, NewsChannel 5 reports. Effective immediately, the cost of expunging records will be $270, down from $450. The law was backed by a bipartisan coalition and was sponsored in the state legislature by Rep. Raumesh Akbari, D-Memphis, and Sen. Mark Norris, R-Collierville.

A new book, Reelfoot Killins', is out from Dog Ear Publishing. By retired Judge Joe G. Riley, it is about "a gruesome double murder and the trial of a suspect who might be headed to death row." Riley was a trial judge for 18 years near Reelfoot Lake in Lake and Dyer counties in Tennessee, trying several capital cases and imposing the death penalty in murder cases. Readers follow the action through the perspective of a judge, starting from an anonymous tip and progressing through the process of justice. Watch for an upcoming review in the Tennessee Bar Journal.

Knox County’s former first lady confessed Thursday to cyber-harassing the cancer-stricken estranged wife of her millionaire beau, according to the Knoxville News Sentinel. Allison Burchett, 35, pleaded guilty in Knox County Criminal Court to six misdemeanor charges of unlawful access to computer accounts. She will serve no jail time, but will spend four years on probation.

In an opinion piece in today's Tennessean, Nashville-Davidson County Public Defender Dawn Deaner writes about bias and the decision by District Attorney General Glenn Funk that his office would not be pressing charges against Officer Josh Lippert after review by the Tennessee Bureau of Investigation for the killing of Jocques Clemmons. "When people of privilege talk about the distrust people of color have for police and courts as a 'perception,' they send the message that’s all they think it is — a problem of perception. It says they believe our criminal justice system today operates fairly and equitably for everyone, and those who see it otherwise simply do not appreciate that," she writes. "It belies the truth, which is that those who do not see the injustice are the ones with the perception problem. Until we start acknowledging the existence of racial injustice, nothing will change. And those experiencing the injustice will continue to suffer the most."

A national radio show looks at Tennessee's criminal justice system, the "difficulties in Tennessee's appeals process," and how appointed lawyers deal with mandated caps on payments from the state. "The Takeaway," a show hosted by WNYC, focused a recent segment on a 2007 case in which Thomas Edward Clardy was convicted of murder and given a life sentence for killing a man and wounding a woman at an auto body shop in Madison, Tennessee. Andrew Cohen, senior editor at The Marshall Project who's been covering Clardy's case, and Nashville lawyer Jessica Van Dyke, who currently represents Clardy, discuss the case, Tennessee's criminal justice system and how the Tennessee Supreme Court has addressed the issue.

Alabama inmate Thomas “Tommy” Arthur, 75, was executed early today, the eighth time an execution had been scheduled for him. The U.S. Supreme Court had initially stayed Arthur’s execution on Thursday, then allowed it to proceed, writes the ABA Journal. In a dissent, Justice Sonia Sotomayor expressed concern about use of the execution sedative midazolam, and that the state denied Arthur’s counsel access to a phone "through which to seek legal relief if the execution fails to proceed as planned.” The state's action, she wrote, "means that when Thomas Arthur enters the execution chamber tonight, he will leave his constitutional rights at the door.”

U.S. Attorney General Jeff Sessions visited Memphis today and addressed a crowd of law enforcement officials at the U.S. District courthouse, The Commercial Appeal reports. He spoke about families living “every day as hostages in their own homes” in violent neighborhoods and promised to reverse the recent trend of reduced federal gun and drug prosecutions. Congressman David Kustoff welcomed him, and joined Sessions in praising the law enforcement of West Tennessee.

U.S. Attorney General Jeff Sessions will pay a visit to Memphis tomorrow to speak with law enforcement, Action News 5 reports. He will talk to federal, state and local law enforcement about efforts to combat violent crime in the city. Sessions has cited Memphis in the past when discussing cities with rising opioid addiction and violent crime rates, alongside Chicago and Baltimore.

It’s no surprise that some of the best articles in the Tennessee Bar Journal have come from TBA section members. Your membership in this section shows that you have a keen interest in trends, developments and case law in this practice area. Sharing this knowledge with your colleagues is one of the best traits of the profession.

How can you become a Journal author? Think of and refine your topic. It should be of interest to Tennessee lawyers, which is a broad criteria. This could mean you might explain a new state law, explain a complicated area of law, or take a larger issue and connect it to what it means for Tennessee attorneys and the justice system. Find a global issue within your particular experience or knowledge and tell about it and how it affects Tennessee law. Then take a look at the writer’s guidelines at http://www.tba.org/submit-an-article, which will tell you about length, notes and other details. Once it’s in the proper format, send it in! It goes to the editor, Suzanne Craig Robertson, who will then get it to the seven members of the Editorial Board for review.

If you are published, you may apply for CLE credit for your work under Supreme Court Rule 21 Section 4.07(b). For details on claiming the credit, check with the Commission on CLE & Specialization at http://www.cletn.com/.

When Nashville District Attorney Glenn Funk said they found aspects of the police’s investigation into the deadly shooting of Jocques Clemmons by an officer that could be perceived as bias, he opened the door to potential legal fallout, an analysis published by The Tennessean suggests. Subodh Chandra, the Ohio attorney who represents the family of Tamir Rice, a 12-year-old boy killed by police in 2014, said that Funk’s comments could be helpful to the Clemmons family as well as potential plaintiffs in the future. The Clemmons family has not filed a lawsuit yet, but it has hired representation and is weighing its options.

Thirty current and former state and local prosecutors have signed an open letter expressing concern over a recent order from Attorney General Jeff Sessions to “charge and pursue the most serious, readily provable offense,” The Washington Post reports. The letter was released today by the nonprofit Fair and Just Prosecution, and it calls Sessions’ directive “an unnecessary and unfortunate return to past ‘tough on crime’ practices” that will do more harm than good. The letter cites increased federal spending on incarceration, higher prison populations, and a lack of true rehabilitation for low-level drug offenders as likely results of the order.

Davidson County District Attorney General Glenn Funk said last week that he wants Nashville leaders to fund a restorative justice program, the Tennessean reports. Funk said such a program “can create a more fair justice system and better serve the community of Nashville." Currently, the city has plans for a pilot program in Juvenile Court.

In a rollback of Obama-era policies, Attorney General Jeff Sessions is expected to toughen rules on prosecuting drug crimes, the New York Times reports. Sessions has been reviewing memos issued by former AG Eric Holder, who favored prosecutors using their discretion in what criminal charges are filed, particularly when those charges carried mandatory minimums. Sessions could return the Justice Department to George W. Bush-era mandates issued by then-Attorney General John Ashcroft. Those orders called for the nation’s prosecutors to bring the most serious charges possible in the majority of cases.

Registration is open for the 2017 TBA Annual Convention. This years programming offers plenty of opportunities to make new friends and renew acquaintances with colleagues from across the state. The highlight comes Thursday night with the Kingsport Karnival at the downtown Farmers Market. Along with fabulous food and drink, there will be live music from two bands, an aerialist, juggler, magician, body and face painters, caricaturist and more. Plus, you'll have access to the fabulous Kingsport Carousel, the delightful project of community artisans. Special thanks to Eastman for support of this event!

This years convention also offers 12 hours of CLE programming, highlighted by sessions on the Hatfields and McCoys, The Neuroscience of Decision-Making, and the popular Better Right Now wellness program. It is all set at the beautiful MeadowView Marriott Conference Resort & Convention Center. To receive the TBA $129 room rate, you must book your reservation by May 23. Book your room online now or call 423-578-6600.

One of the benefits of being a TBA Section Member is having access to information from experienced practitioners to assist in your day-to-day practice. The sharing of this information amongst colleagues is one of the best traits of the profession. It is also a way of helping each other to maneuver the evolving legal market and strengthen your legal practice.

How can you help your fellow Section Members? If you have some Law Practice Pointers you would like to share with your fellow section members, write an article between 300-500 words and submit it to the Section Coordinator for review and approval. These Law Practice Pointers can be related to a court opinion, piece of legislation, or current event or industry trend that affects the practice of law as it relates to the specific Section. The main requirement is to make sure the article gives lawyers practical tips, based on experience, to include in their day-to-day practice.

One of the four men charged in the Vanderbilt rape case was in court today for a motions hearing, indicating that his case will likely head to trial, the Tennessean reports. Brandon Banks and his attorney Mark Scruggs made arguments in the hearing that some case evidence should not be used against him in trial. Two others accused in the case, Brandon Vandenburg and Cory Batey, have already been convicted. The trial is set for June 19.

Former Rutherford County Sheriff Robert Arnold was sentenced today to nearly four years behind bars for illegally selling e-cigarettes to inmates, the Tennessean reports. Arnold, his uncle John Vanderveer, and former sheriff's administration chief Joe Russell, were indicted in May 2016 for illegally profiting off inmates through their JailCigs business. Vanderveer and Russell will be sentenced in September. "Public corruption is a very serious offense," U.S. Judge Marvin Aspen said, adding that such crimes are even worse when involving law enforcement.

Nashville District Attorney Glenn Funk has pledged to investigate when judges attempt to influence police officers, the Tennessean reports. The move comes after local leaders have raised concerns about Police Chief Steve Anderson’s decision not to discipline officers who let one of then-Judge Casey Moreland’s paramours leave a traffic stop after receiving a call from Moreland. "No judge should ever call a Metro officer in the middle of a traffic stop and instruct the officer not to issue a citation or make an arrest," Funk said.

Shelby County District Attorney Amy Weirich’s office confirmed that it is involved in a probe into a decorated Memphis Police Department sex crimes detective who was relieved of duty last week, the Commercial Appeal reports. Ouita Knowlton was fired last week for unspecified reasons, and the City of Memphis decided to withhold records related to her release, citing “an open and ongoing law enforcement investigation.” The investigation highlights frustrations felt by rape victims like Meaghan Ybos, whose rape kit was not tested until nine years after her attack.

Attorneys for Allison Burchett, the ex-wife of Knox County Mayor Tim Burchett, plan to argue that it will be impossible for their client to get a fair trial from Knox County residents, the Knoxville News-Sentinel reports. Her lawyers will ask Special Judge Don R. Ash on Thursday to either use residents from outside of Knox County as jurors or hold the trial in Nashville. Allison Burchett is charged with identity theft and computer fraud for attacks against Nicole Strickland, the estranged wife of the defendant's current boyfriend.

A bill which would change state law to require a conviction before a criminal’s assets are seized has moved forward with amendments in the Tennessee Senate, but was taken off-notice in the House Criminal Justice Subcommittee, effectively delaying it until next year. The bill was taken off-notice without discussion by its sponsor, Rep. Martin Daniel (R-Knoxville). In the Senate, the bill will head to the floor with an amendment that requires the seizing law enforcement officer to mail a Notice of Forfeiture Warrant Hearing to the owner within five days of the seizure and allows the property owner to be present at the probable cause hearing.

A case in Knox County asks the question of whether a motorist who causes a death can be charged with murder under state law, the Knoxville News Sentinel reports. Ralpheal Cameron Coffey of Oak Ridge is accused of killing an innocent motorist and his own passenger while behind the wheel trying to outrun law enforcement in May 2016. Prosecutors convinced a grand jury to charge Coffey with two counts of second-degree murder, a charge that hasn’t been used for a case like this one since 1989.

Nearlyhalf of all people released from prison will return within three years, according to data released by the Tennessee Department of Correction on Thursday, the Tennessean reports. However, recidivism has gone down by 3.4 percent, from 50.5 percent in 2010 to 47.1 percent in 2016. "These encouraging numbers demonstrate that we're on the right track," said TDOC Commissioner Tony Parker.

The investigation of former Nashville Judge Casey Moreland is leading some city officials to question the systems used for tracking cases in the city’s 11 General Sessions courts, The Tennessean reports. Vice Mayor David Briley is among those calling for more oversight of when and how cases are moved between judges. Today, there's no official documentation to show when a case is transferred.

The 23rd Judicial District Drug Court received a grant from the Community Foundation of Middle Tennessee for a 15-passenger van to transport participants to work, counseling, community service and mandatory court sessions.